1320 Rte 764, Duncansville, Pennsylvania 16635
Blair County
Church Office Address
- RD #5 Box 864, Altoona PA 16601
In the name of the Father, and of the Son, and of the Holy Spirit, Amen.
We, members of the Church of Christ, desiring to be blessed together with WORD and SACRAMENT and to unite as a congregation in common confession, defense, and propagation of our faith in Jesus Christ our Savior, do hereby adopt this constitution and solemnly pledge ourselves to be governed by it's provisions.
The name of this congregation shall be Faith Evangelical Lutheran Church of Altoona, Blair County, Pennsylvania.
This congregation shall be incorporated.
The seal of this congregation when used presents a circle in which are inscribed the following words: Faith Evangelical Lutheran Church of Altoona, Blair County, Pennsylvania.
This congregation confesses Jesus Christ as Lord of the Church. The Holy Spirit creates and sustains the church through God's Word of law and gospel and thereby calls and gathers in fellowship with our Lord and with fellow believers into a family of faith.
This congregation holds that the Holy Bible in both Old Testament and new Testament formation is the complete written Word of God. This complete Word of God comes to us in Law and Gospel and reveals God's sovereign will and saving grace in Jesus Christ. We hold that the Bible as a whole and in all of its parts is the Word of God under all circumstances regardless of man's attitude toward it. Thus, this congregation accepts the Canonical books of the Old and New Testaments as a whole and in all of their parts as the divinely inspired, revealed, and inerrant Word of God, and joyfully submits to this as the only infallible authority in all matters of life and faith.
This congregation holds that Jesus Christ is the revelation of the Holy Gospel. In Him the Word incarnate, God imparts himself to all people and to all of creation.
This congregation accepts the ancient ecumenical symbols, namely: the Apostles', the Nicene, and the Athanasian Creeds as true declaration of the faith of the church.
This congregation accepts the unaltered Augsburg Confession and Luther's Small Catechism as true witnesses and guides to God's Holy Word of Law and Gospel.
This congregation accepts the other writings of Concordia, the Symbolical books of the Evangelical Lutheran Church, The Apology of the Augsburg Confession, The Smalcald Articles, Luther's Large Catechism, and the Formula of Concord as a true witness and valid interpretation of God's Holy Word of Law and Gospel.
This congregation affirms that God's complete Word of Law and Gospel transmitted by the Holy scriptures, to which creeds and confession bear witness, is the true treasure of the church, the substance of its proclamation, and the basis of its unity and continuity. The Holy Spirit uses the proclamation of the complete Word and the right administration of the Sacraments to create and sustain genuine Christian faith and fellowship. As this occurs, the church fulfills its divine mission and purpose.
This congregation holds that God's Word has directly instituted two parallel offices of ministry through which the Holy Spirit proclaims the complete Word of God, continually calls, gathers, creates, enlightens and sustains genuine Christian faith and fellowship; and, provides a witness of faith to the world. We hold that these two parallel offices of ministry are: the Office of the Baptized and the Office of Word and Sacrament. We hold that both offices are derived directly from Christ our Savior.
According to the Word of God, we hold that the congregation is the right form of the kingdom of God on earth.
The congregation consist of believers who by using the means of grace, and the spiritual gifts as directed by God's Word proclaim salvation and eternal blessedness for all people and for all creation.
According to the New Testament scriptures, the congregation for the sake of good order needs an external organization with membership roll, election of officers, stated times and places for its gatherings and other similar provisions.
The congregation and Pastor (s) shall direct the congregation's own affairs subject to the authority of the full Word of God and acknowledges no other ecclesiastical authority of government.
This congregation and Pastor (s) shall welcome advice and counsel from officers and members of wider associations but all such shall be understood as advice and counsel.
This congregation esteems and cherishes all the spiritual gifts which the Lord gives for its edification and seeks to stimulate and encourage their use through the congregation's organization.
This congregation and Pastor (s) gladly accept the mutual assistance which congregations can give to one another in the work for the advancement of the Kingdom of God. Association with other congregations and Pastors is always to be encouraged as long as such associations maintain the Christian liberty of this congregation and its Pastor (s).
This congregation and Pastor (s) affirm association with other congregations and Pastors for the mutual sharing of spiritual gifts through conferences, exchange visits, clergy and/ or lay activities, etc., whereby congregation (s) and Pastor (s) are mutually edified for the accomplishment of such tasks as exceed the ability of the individual congregation. Among such tasks may be mentioned specifically the training of pastors, distribution of the Holy Scripture and other Christian literature, home mission efforts, foreign mission efforts, works of social mercy, Christian schools, etc.
We hold that just as no other congregation or association will have any right to demand that this congregation and Pastor(s) submit to their opinion, will, judgment or decision so also this congregation and Pastor(s) shall, likewise, not have the right to expect other congregations and Pastors to submit to its opinion, will, judgment or decision. The principle of consensus among congregations and Pastors is our model. Domination of a majority of congregations and Pastors over a minority of congregations and Pastors is rejected. Likewise, rejected is the domination of a minority of congregations and Pastors over a majority of congregations or Pastors.
Agencies found desirable for conducting the joint activities of congregations, such as: conferences, synods, districts, committees, offices, etc., cannot impose upon this congregation and Pastor(s) any obligation or restriction, exert any compulsion or lay any burden. The above shall only be granted the right to make recommendation to and request of the congregation, Pastor{s), and individual members. This congregation and Pastor(s) shall be prohibited from entering into any association of congregations and Pastors where this principle is not acknowledged.
The internal organization of this congregation while striving for consensus among members shall operate according to the time- tested principles of the Father of American Lutheranism, The Reverend Dr. Henry Melchior Muhlenberg. In this regard, it is recognized that vocal, and often, relatively uncommitted minorities are most frequently the culprits in dissension and disharmony within a congregation. Thus, the leaders of this congregation shall each be elected by two-third (2/3) majority vote at stated meetings. All actions by these duly elected leaders shall be published to the voting membership of this congregation. Persons who dissent from a given action are granted thirty (30) days to respond in writing to the official Board of Elders and Deacons. All responses of dissent from an action must be signed and state the clear reason for dissent.
Whenever a number of respondents in dissent to a particular Board action is equal to one-third (1/3) of the total voting membership the Board of Elders and Deacons shall submit the issue in question to the voting members of the congregation for a referendum. In such a referendum, a simple majority of those voting shall sustain or overturn the action of the Board of Elders and Deacons which is in question. Excepted shall be any matter or issue pertaining to: Faith and Doctrine (Confession of Faith); Basic Organizational Principles; or, the continuance of a Pastorate. In each of the excepted areas, a two-thirds (2/3) majority based upon the entire voting membership shall be required to overturn a Board of Elders and Deacons action.
The Pastor(s) of this congregation shall never be viewed as the employee(s) or hireling(s) of the congregation but as the under-shepherd(s) of Jesus our Christ. The ordination of a Pastor commits the individual ordained to be faithful first and foremost to the full Word of God, and secondly, to the Lutheran Symbolical Confessions. Pastors cannot be expected, nor can baptized Christians, to commit to or to follow human organizational principles or systems which become contrary to the full Word of God and the Lutheran Confessional writings.
Baptized members of this congregation shall not view the true arena of their ministry as being the housekeeping details of church life, ie., ushering, altar guild, choir, etc. While these activities and many others are indeed to be viewed as signs of love and devotion....the true ministry of the baptized occurs out in the midst of the world, ie., everyday work, community involvement, social interaction, etc. We understand that we, the baptized, gather in the church building to hear God's full Word and to be nourished in the Sacraments. This feeding is the prime ministry duty of those called to the ministry Office of Word and Sacrament to be followed by the ministry in the world by all those who hold the Office of the baptized. this basic principle taken to heart dissolves most, if not all, of the misunderstanding that historically has created disharmony and dissension within congregations.
This congregation shall consist of its Pastor(s) and other baptized persons within its fellowship.
Members hall be classified as follows:
- Baptized members are those persons who have been received by the sacrament of Holy Baptism in this congregation, or, having been previously baptized in the name of the Triune God, have been received by certificate of transfer from other Christian congregations or by affirmation of faith.
- Confirmed members are baptized persons who have confirmed that they:
1) understand that baptism is an office of ministry instituted by Christ; and,
2) affirm that they are willing to exercise that office in their living.
A person becomes a confirmed member of this congregation through either:
- The Rite of confirmation, or
- Transfer of confirmed membership from another Christian congregation;or
- Adult reception by Affirmation of Faith.
Confirmed members who have received Holy Communion four (4) times and who have contributed to record for the active support of the Church in the year preceding shall be the voting members of the congregation.
It shall be the duty of all confirmed members, but especially of all voting members (and of all Confirmed members of the congregation desiring to be admitted to voting membership) to:
- Make a minimum quarterly use of the means of grace in this congregation.
Live a Christian life in accordance with the full Word of God and the teachings of the Lutheran Confessions.
- Support the work of this congregation through contributions of time, abilities and financial support.
- Conscientiously and prayerfully exercise the right of suffrage (voting) in all measures that will advance the work of Christ's Kingdom. In instances where there is a dissent with action of the congregation's duly elected leadership, it shall be the duty of dissenting members to deliver within thirty (30) days to the secretary of the Board of Elders and Deacons a written vote of NO which is signed and which states the specific reason (s) for opposition to the respective action. Whenever possible, the Biblical and Confessional basis and principle for opposition to an action shall be stipulated.
- Willingly serve in any office or capacity for which his or her talents and abilities equip him or her.
- Faithfully attend all meeting and referendums of the voting membership.
- Assist with wholehearted diligence in administering the temporal and spiritual affairs of the congregation.
- Encourage by personal example, friendly interest, and judicious counsel such eligible confirmed members who are not yet voting members to consider seriously accepting the responsibilities and privileges of voting membership.
The duly elected Board of Deacons and Pastor(s) [ the Elders] shall take action to accept or reject all who have newly expressed a desire to become a voting member. Voting membership is granted only upon Board approval.
Membership in this congregation shall terminate for any of the following reasons:
A Pastor of this congregation shall be a person whose soundness in the faith, aptness to teach and educational qualifications have been examined and approved by the congregation or a committee representing an association of Lutheran congregations, and who has been properly ordained, who accepts and adheres to the Holy Scripture as the complete Word of God in both Law and Gospel dimensions; who accepts and adheres to the Confession of Faith of this congregation and whose life and conduct are above reproach.
The Pastor shall be or shall have been an ordained Pastor of a Lutheran church body or shall be a person preparing specifically for ministry in a Lutheran congregations and shall promptly apply to become a member of any Lutheran association to which this congregation is a member upon the acceptance of the call of this congregation.
In the selection of a Pastor, the congregation shall be open to the advice and counsel of other Lutheran congregations, Lutheran Pastors, or Lutheran Association of congregations.
As soon as practicable after beginning work in this congregation, a pastor shall be duly installed in office by the officers of a related Lutheran association of congregations or, in the case that the congregation is not currently affiliated with such, by the vice-president of this congregation/s Official Board of Deacons and Elders.
- The act of the congregation to extend a call shall be by at least a two-third (2/3) majority vote of the voting members of the congregation present and voting either a special meeting or during a special referendum period se for that purpose. This vote shall constitute the election of the Pastor as the president of the congregation additional Pastors become the assistant(s) to the President).
- The act of the congregation to extend a call shall never be construed as an action to hire or to employ a Pastor. The office of Pastor in this congregation is understood to be that of under-shepherd to our Savior Jesus Christ. The Pastor is not under-shepherd to the congregation. The Pastor serves Christ in our midst and leads, guides, and directs us in the ministry of Christ. The Pastor (s) and the baptized share in a mutual ministry but each respective office has a ministry instituted by God's Holy Word. This understanding is made clear in that the Pastor is the elected president of this congregation.
A Pastor Shall:
- Preach the complete Word of God both as Law and as Gospel, administer the Sacraments and conduct public worship in consistency with the faith and practices of the Lutheran Confessions and the basic principles of this congregation as well as those of any association of congregations and pastors to which it may belong.
- Care for the people individually and as a congregation, give catechetical instruction, confirm, marry in accordance with Biblical/Confessional teachings and with the laws of the State (Commonwealth) of Pennsylvania, visit the sick and distressed and bury the dead.
- Strive to inculcate piety in individual and family life and supervise all schools and auxiliary organizations of the congregation.
- Install regularly elected members of the church Board of Elders and Deacons and of other congregational organizations.
- The Pastor(s) together with the Church Board of Elders and Deacons, shall administer discipline.
- Have supervision of the daily function of the church staff. In the absence of the Pastor(s), the next highest officer of the church board of Elders and Deacons shall have supervision of the daily function of the church staff.
In order that a Pastor of this congregation may be devoted fully to his calling to be under-shepherd to Christ, an adequate compensation of living expenses shall be provided by the congregation. The compensation and other matters pertaining to the Pastor's ministry shall be included in a letter of Call.
A Pastor shall be responsible to see that the membership roll of the congregation is kept, reporting thereon periodically to the board of Elders and Deacons. Pastoral acts shall be recorded in the official parish register which shall be and remain the property of the congregation. The Pastor shall be custodian of the seal of the corporation (Congregation).
When a Pastor of this congregation desires to terminate his office of ministry in our midst, a letter of resignation shall be submitted to the board of Elders and Deacons for report to the congregation. Unless otherwise agreed , the resignation shall normally become effective tow (2) months (60 days) after the date upon which it is submitted.
The regular call of the congregation when accepted by a Pastor shall constitute a permanent relationship which shall be terminated only for the following causes:
- The death of the Pastor.
- The dissolution of the congregation.
- The resignation of the Pastor.
- The attainment by the Pastor of the age of seventy years, after which time pastoral service may be extended from year to year by a two-third (2/3) vote of the voting members.
- The physical or mental disability of the Pastor.
- The removal of the Pastor by a two-third (2/3) majority vote of the voting members.
A motion for the removal of the Pastor shall be submitted in the form of a petition signed by one-third (1/3) of the voting members of the congregation. Any such petition shall be made openly available for all to see at the place of worship. Any petition which gathers names in secrecy or by home visitation or individual solicitation shall be declared invalid.
The petition for pastoral removal shall clearly stipulate any and all factual charges against the Pastor together with the name(s) of the person (s) submitting each specific charge. In case of false witness or false accusation, this will allow the Pastor legal redress. The petition for removal shall be presented at a special meeting of the congregation and be voted upon at a subsequently scheduled meeting.
In the event that the charges against the Pastor are accepted by a two-third (2/3) majority vote of the congregation, the Pastor shall:
Be given opportunity for amendment of life if such can be achieved in order to satisfy the concern(s). Christian forgiveness is not a theoretical ideal but is a commandment of our Lord which is to be put into practice toward even an erring Pastor.
Be in all cases treated with Christian love and if the motion for removal is sustained and opportunity for amendment of life is not possible, the congregation shall make provision for a negotiated severance compensation. This provision is to be instituted out of deep Christian love and concern for the future well-being of Pastor and/or family despite any unfortunate circumstances leading to a two-third (2/3) majority vote for removal.
At a time of Pastoral vacancy, an interim pastor shall be sought from the Lutheran Association(s) with which the congregation is affiliated or Lutheran Church bodies with congregations located nearby. In the absence of any nearby Lutheran Church bodies, the members of the church board of Elders and Deacons shall lead the regular worship liturgy and read the various sermons of Martin Luther. A member of the church board of Elders and Deacons shall be elected to preside at the Sacraments of Holy Communion and Holy Baptism during the interim period when no Lutheran Pastor is available.
During the period of service, the interim Pastor, if a member of the association of Lutheran congregations and pastors to which this congregation is affiliated shall have the rights and duties of a regularly called Pastor. If the interim Pastor is of another Lutheran Church body he shall be assigned various duties of a regularly called Pastor but shall not be viewed as having the same rights of a regularly called Pastor. An Interim Pastor shall refrain from exerting influence in the selection of a Pastor.
When a Pastor is called to serve in company with another Pastor or Pastors, the privileges and responsibilities of each Pastor shall be specified in a document to accompany the Official Letter of Call. This document shall be drafted in consultation which involves the present Pastor(s) and the Board of Elders and Deacons. The Senior Pastor shall normally serve as the president of the congregation.
An annual voter's assembly of the congregation shall be held during the month of January each year.
A special voter' meeting may be called by either the Pastor or the congregation board of Elders and Deacons and shall be called at the written request of 0ne-tenth (1/10) of the voting members. The call for each special meeting shall specify the purpose and details of consideration for which it is to be held and no other business shall be transacted.
Notice of all voter meetings of the congregation shall be given at the services of worship on the preceding two consecutive Sundays and by mail to all persons on the voting member roster at least (10) Ten days in advance of the date of the meeting. The posting of such notice in the regular mail, with regular postage affixed or paid, sent to the last known address of such members shall be sufficient.
1/4 or 25% of the number of voting members of the congregation as registered on the roll of the congregation on the previous December 31 shall constitute a Quorum. Should there not be 1/4 or 25% of the voting membership present at a duly called meeting of the congregation the meeting shall proceed with all decisions and deliberations published. Actions of the meeting shall be considered adopted at the end of a thirty (30) day period beginning from the date of the publication of the meeting actions and deliberations should there fail to be receipt of signed "NO" votes which combined with "NO" votes registered on specific issues at the duly called meeting accruing to less than 1/3 of the total voting membership.
Voting by signed and dated absentee ballot shall be permitted by all voting members unable to attend a special meeting or a voting referendum time. Upon the announcement of the vote of the regular meeting, special meeting or referendum, members unable to attend shall have the right to submit their votes provided the signed and dated absentee ballot is received within thirty (30) days of the publication of the minutes or results of the said meeting.
Voting membership for the Annual Voters Assembly shall consist of those confirmed members who have received Holy Communion four (4) times and contributed to record for the work of the church in the year preceding.
Actions by the congregation shall be by two-third (2/3) majority vote at the Annual Voters Assembly, Special Voter Assembly meetings, and special Voter Referendums.
The Muhlenberg voting principle shall be in effect between the dates of the Annual Voters Assemblies. Actions of the board of Elders and Deacons shall be published following each monthly meeting. These actions shall be deemed acceptable to the voting members of the congregation unless the board of Elders and Deacons receives signed and dated "NO" votes accruing more than one-third (1/3) of the voting members on the official Voting members register and stipulating the issue and giving the reason(s) for rejecting the action of the board of Elders and Deacons.
Voting referendums on matters pertaining to the life of the congregation may be scheduled by the board of Elders and Deacons to take place during the time or times set by the board. Absentee ballots from voting members will be accepted during this time but must be signed, dated and state the reason for the specific vote stated.
Robert's Rules of Order, latest edition, and wherever these do not conflict with Holy Scripture, the Lutheran Confessions and the organizational principles of this congregation shall govern parliamentary procedure at all voter assemblies of the congregation.
Election of a Pastor shall be by written ballot a properly called special voters' assembly presided over by the vice president of the board of Elders and Deacons. Balloting shall be limited at any one meeting to a single nomination presented by the board of Elders and Deacons with at least two-thirds (2/3) of the members of the Board concurring in the nomination of the proposed Pastoral candidate for office. Two thirds (2/3) of the votes cast shall be necessary for election. After the congregation has determined the compensation necessary to enable the Pastor to devote full-time attention to ministry as well as other emoluments to be offered the Pastor elect, the Board of Elders and Deacons shall execute a call accordingly and forward the same to the Pastor elect. Unless otherwise agreed, the call shall normally become invalid unless a definite answer is received within thirty (30) days after its receipt. If a nominee fails to receive an election or declines the call after having been elected, the board of Elders and Deacons shall make another nomination at a subsequent meeting.
The Office of Pastor shall be the Office of president of the congregation. (Additional Pastors shall be deemed Assistants to the President).
As congregation president and as Pastor, the person holding these offices shall be an ex-officio voting member on all committees.
The officers of this congregation shall be president, vice president, secretary, and treasurer.
Duties of the officers shall be specified as described in Robert's Rules of Order.
The officers shall be voting members of this congregation.
The officers of this congregation, with the exception of the Pastor shall be elected by the board of Elders and Deacons from among its voting membership, their terms to begin at the monthly meeting following the annual voters' assembly and continuing until the meeting of Board of Elders and Deacons which immediately follows the next Annual voters' assembly.
No Deacon Officer shall normally hold more than one office at a time. In times of special circumstance an officer may hold more than one office but for a period of time not to exceed 3 years.
Elected members of the Church board of Elders and Deacons shall be chosen by ballot by the eligible voters of the congregation. A person shall be elected by a two third (2/3) majority vote of those voting. When vacancies occur, an interim appointment shall be made by two-third (2/3) vote of the board of Elders and Deacons, the appointee to serve until a duly scheduled vote of the congregation is held. Elections to the board may be held at a time other than the Annual Meeting as determined by the board and the concurrence of the Voters of the congregation.
Members of the board of Elders and Deacons of the congregation shall be voting members of the congregation.
The Elders and Deacons of this congregation shall consist of the Pastor (s) [The Elder(s)] and a range of 9 -12 Deacons (Lay leaders). The number of Deacons will be as determined and recommended by the prior years Board of Elders and Deacons with not less than 9 Deacons and not more than 12 Deacons. Retired Lutheran Pastors who are members of the congregation shall be granted Pastor emeritus status and, as such, shall be an Elder emeritus of the congregation with the privilege of voice and vote. Any voting member of the congregation may be elected to the Board, subject only to the limitation on the length of continuous service permitted in that office. A member's place on the board of Elders and Deacon's shall be declared vacant if the member:
Ceases to be a voting member of this congregation, or
Is absent from four successive meetings of the board without cause, or
Is charged to be living and behaving in ways inconsistent with the Christian calling, or has taken actions to violate the principles of this constitution.
All elected members of the board of Elders and Deacons shall be installed into office by the Pastor according to prescribed order at the next public service of worship following their election or as soon thereafter as convenient.
The Deacons of this congregation are to understand themselves to be spiritual directors of the congregation and, as such, the deacons are set apart to assist the Pastor (s) in general oversight of the life and activities of the congregation, in particular, its worship life, to the end that everything be done in accordance with the Holy Scripture as the full and complete word of God and the faith and practices of the Lutheran Confessional writings. The duties of the deacons of the congregation shall include the following:
To administer the temporal affairs of the congregation and to do everything possible to promote the spiritual and temporal welfare of the congregation.
To see that the Pastor(s) is/are adequately supported and encouraged in ministry.
To see that the grounds and buildings or other property items of the congregation are properly cared for and kept in good repair and that provision is made for the payment of all bills.
To arrange for pastoral service and/or lay leadership in worship during the sickness or absence of the Pastor.
To seek to involve all members of the congregation in worship, learning, witness, service and support.
To assist the Pastor(s) in overseeing and providing for the administration of the congregation to enable it to fulfill its functions and perform its mission.
To be examples individually and collectively as a board of the style of life and ministry expected of all baptized persons.
To assist the Pastor(s) in administering discipline within the congregation in order to promote a congregational climate of peace and good-will.
To encourage and assist face-to-face resolution of differences and conflicts as the endeavor for fostering mutual understanding.
To recommend and encourage the use of program resources produced by churches of the Lutheran Confessional family which teach the full Word of God in its Law and Gospel dimensions and also the Confessional writings of the Lutheran Christian Heritage.
The board of Elders and Deacons shall be responsible for the financial and property matters of this congregation.
The Elders and Deacons shall constitute the board of trustees of this congregation and as such shall be responsible for maintaining and protecting its property and the management of its business and financial affairs. It shall have the powers and be subject to the obligations that pertain to such boards under the laws of the Commonwealth of Pennsylvania, except as otherwise provided herein.
One or more officers or employees of this corporation whom the Elder or Deacon reasonably believes to be reliable and competent in the matters presented.
Counsel, public accountants, or other persons as to matters which the Elder or Deacon reasonably believes to be within the professional or expert competence of such persons.
A committee of the board of Elders and Deacons upon which he does not serve, duly designated in accordance with law, as to matters within its designated authority, which committee the Elder or the Deacon reasonably believes to merit confidence.
An Elder or Deacon shall not be considered to be acting in good faith if the Elder or Deacon has knowledge concerning the matter in question that would cause the Elder's or the Deacon's reliance to be unwarranted.
Absent breach of fiduciary duty, lack of good faith or self-dealing, actions taken as a director or any failure to take any action shall be presumed to be in the best interest of this corporation.
An Elder or Deacon of this corporation shall not be personally liable for monetary damages as such for any action taken, or any failure to take any action, unless:
The Elder or Deacon has breached or failed to perform the duties of his office under Section 1 of this Article; and,
The breach or failure to perform constitutes self-dealing, willful misconduct or recklessness.
The provision of Section 3 of this Article hereto shall not apply to:
The responsibility or liability of an Elder or Deacon pursuant to any criminal statue; or,
The liability of an Elder or Deacon for the payment of taxes pursuant to local, state or federal law.
The rights, responsibilities and standard of care relating to an Elder or Deacon of this corporation as delineated in Sections 1 through 4 above of this Article shall also apply and be required of an officer of this corporation. If, however, a court of competent jurisdiction declares such rights, responsibilities and standard of care found in Sections 1 through 4 of this Article, inapplicable to an officer of this corporation, then in that event, an officer shall be required to act in good faith and in a manner the Elder or Deacon reasonably believes to be in, or not opposed to, the best interests of the corporation. In this regard any criminal action or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the officer did not act in good faith and in a manner which the Elder or Deacon reasonably believed to be in, or not opposed to, the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that the Elder's or Deacon's conduct was unlawful.
Any Elder or Deacon, officer, employee or agent of the corporation who was or is a party to, or is called as a witness in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that said individual is or was an Elder, Deacon, officer, employee or agent of the corporation, may be indemnified by the corporation against expenses, including attorney's fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with said action, suit or proceeding unless the act or failure to act giving rise to the claim for indemnification is determined by a court to have constituted willful misconduct or recklessness. Means of indemnification shall be in accordance with all applicable law including, but not limited to, 42 PA Con. Stat. Ann. #8363 et seq., known as the Director's Liability Act of Pennsylvania.
The board of Elders and Deacons will not have the authority to buy, sell or encumber real property without first announcing the intent to do so in each specific instance and allowing a thirty (30) day period of time to lapse in order to receive any signed and dated "NO" votes. Reception of signed and dated "NO" votes totaling more than one-third (1/3) of the voting members shall cancel any pending purchase or encumbrance of real property.
The board of Elders and Deacons may enter into contracts in excess of the total budget for items not included in the yearly budget adopted by the annual voters assembly. In accord with the above mentioned Muhlenberg procedure, these actions shall be publicized and written and signed responses totaling more than one-third (1/3) of the voting members shall veto the action of the board of Elders and Deacons.
The board of Elders and Deacons shall prepare an annual budget for adoption by the annual voters assembly of this congregation, shall assist the Pastor(s) in supervising the expenditure of funds in accordance therewith following its adoption, and may incur obligations in excess of the anticipated receipts subject only to the above mentioned Muhlenberg principle.
The board of Elders and Deacons shall ascertain that the financial affairs of the congregation are being conducted efficiently, giving particular attention to prompt payment of all obligations.
The board of Elders and Deacons shall be responsible for this congregation's investments and its total insurance program.
The board of Elders and Deacons shall assist the Pastor(s) in seeing to it that the provisions of this constitution (and) its by-laws (and the continuing resolutions) are carried out.
The board of Elders and Deacons shall provide an annual review of all membership rosters/registers (baptized, confirmed, and voting).
The board of Elders and Deacons shall assist the Pastor(s) in responsibility for the appointment and supervision of the salaried lay workers of this congregation.
The board of Elders and Deacons shall submit a comprehensive report to this congregation at the annual voters' assembly.
The board of Elders and Deacons shall normally meet once a month. Special meetings may be called by the Pastor and shall be called at the request of a least one-half (1/2) of the Elders and Deacons. Notice of each special meeting shall be given to all who are entitled to be present unless it is a stated meeting night at which the attendance of all Elders and Deacons is normally expected.
A quorum for the transaction of business at a board meeting shall consist of the majority of the members of the board of Elders and Deacons, including the Pastor(s) except when the Pastor requests or consents to be absent and has given prior approval to an agenda of routine matters which shall be the only business of the meeting.
The board of Elders and Deacons shall be responsible with the Pastor for an annual audit to satisfy the blanket bonding of the congregation, its officers and employees.
The board of Elders and Deacons shall assist the Pastor(s) in establishing and appointing various committees composed in membership of persons from the voting members of the congregation. Said committees shall be extensions of the board of Elders and Deacons assisting the board in the various areas of ministry.
Standing congregational committees shall normally be organized to cover the areas of worship, witness, learning, service, support and property.
Other congregational committees may be formed as the need arises by the Pastor assisted by the board of directors.
Duties of congregational committees shall be specified in continuing resolutions by the board.
All organizations within the congregation shall exist to aid in the ministering to the members and to all who may be reached with God's Word of Law and Gospel. As outgrowths and expressions of the congregation's life, the organizations are subject to its oversight and direction. Such oversight and direction shall be conducted by the Pastor(s) and or the board of Elders and Deacons and/ or by the Voters meetings of the congregation.
Special interest groups, other than congregational units may be organized within the congregation only after authorization by the Pastor(s) and board of Elders and Deacons and are subject to their oversight and direction as well as that of the Voters meetings of the congregation.
The offenses for which a member of this congregation shall be subject to discipline are: denial of the Christian faith; immoral and scandalous conduct; persistent trouble-making, especially within the congregation; and in general behavior that is grossly unbecoming of a member of the church of Christ.
The Pastor(s) may initiate discipline after admonishing an individual in a face-to-face manner concerning an offense.
The board of Elders and Deacons and the Pastor(s) shall administer discipline. Their decision shall be publicized and the Muhlenberg principle shall apply. This disciplinary action of the board of Elders and Deacons shall be cancelled if there is reception of signed and dated "NO" votes totalling more than one- third (1/3) of the voting membership on the registry of voting members of the congregation.
The procedure which Christ instructed his disciples to follow (Matthew 18:15-17) shall be adhered to in each case proceeding through these successive steps:
Persons cited to appear before the board of Elders and Deacons shall be served with a written summons at least ten (10) days before the hearing. In addition to notifying the accused of the time and place to appear, the summons shall specify the exact charges made against the person as well as the name or names of the person(s) presenting the charge(s). If the accused fails to appear at the appointed hour without valid excuse, the board of Elders and Deacons may proceed with the hearing and render a decision in the person's absence.
Should the accused be found guilty by vote of at least two-thirds (2/3) of the members of the board and renewed admonition prove ineffective the board may impose one of the following penalties:
A resolution of board dismissal shall be delivered in writing to the accused and shall be publicized to the congregation. The Muhlenberg principle shall apply to the board action. If the board action is not overturned by the reception of signed and dated "NO" votes totalling more than one-third (1/3) of the voting members on registry of the congregation voter roll within a thirty (30) day period the board action of the dismissal stands as final.
The accused shall have the right to appeal the board action directly to the special voter's assembly of the congregation. In such an event:
The accused shall present his or her argument for overturning the action of the board of Elders and Deacons.
The board of Elders and Deacons shall select one member to present an explanation of the board's decision for dismissal.
A two-third (2/3) vote of the voter's assembly shall then be needed to sustain the decision of the board of Elders and Deacons.
Acts of discipline may be reconsidered and revoked by the board upon receipt of evidence that injustice has been done.
When unreconcilable division occurs within the congregation which prevent the harmonious pursuit and exercise of Christian ministry, love, and charity, the board of Elders and Deacons shall present a plan for an equitable and fair distribution of the assets of the congregation and for as loving a separation of the divided elements as possible.
It is recognized that personality styles and expectations of ministry do clash in the normal course of ministry; however, when clashes are due to long standing divisions within a congregation the do damage not only to individuals and congregations but also to the witness of Christ. Thus, our constitution intentionally implements the Muhlenberg principle as a means of defusing the power of dissident minority elements over a satisfied majority and now herewith further provides for an equitable division of the congregation should hard, entrenched and unreconcilable division occur:
Whenever it is apparent that any portion of the congregation numbering between one-half (50%) and one-fifth (20%) of the voting membership has apparently unyielding differences with the other portion of the voting congregation, the board of directors shall establish a special vote referendum to establish the exact numerical breakdown of the opposing elements within the congregation.
An equity value figure shall be arrived at by totalling the insured replacement value of the church facility, real estate value of properties held and all financial assets.
The total sum arrived at in item b shall then be divided according to the proportional percentages determined by the voting breakdown of the special referendum referred to above in item a.
That element in the congregation which represents the proportionate majority shall have the first right of refusal to purchase the proportionate share arrive at for the dissident minority. A voters' assembly for only those voting members supportive of the majority of the congregation shall be held. If the vote is affirmative, the majority element of the congregation shall purchase that portion allotted to the minority and the minority element shall be divided from the congregation.
If the majority element of the congregation votes not to purchase the minority allotted proportion then the majority of the congregation shall divide from the minority of the congregation and leave the church facility upon receipt of payment for their allotted portion of the assets from the minority. Should the minority element refuse to make payment of the majority portion, the majority shall retain the title of the total or entirety of the property and assets and all persons supporting the minority element shall be removed from the voting roll of the congregation.
Amendments to this congregation's constitution may be proposed by at least five (5) voting members or by the board of Elders and Deacons. Proposed amendments must be filed in writing with the board of Elders and Deacons sixty (60) days before formal consideration by the voters' assembly either at its regular annual assembly or at a special assembly called for that purpose. The board of Elders and Deacons shall notify the voting members of the proposal with their recommendations concerning the proposal at least thirty (30) days in advance of the voter's assembly.
A proposed amendment to this constitution shall:
Be approved at a properly called voter's assembly according to this constitution by a two-third (2/3) majority vote of this congregation.
Be ratified without change at the next annual (or special voters assembly called specifically for that purpose) by a two-third (2/3) majority vote, and
Have the effective date included in the resolution and noted in the constitution.
No amendments or by-law shall be acceptable or valid which abrogates the Confession of Faith (Article II) or the Organizational Principles (Article III) of this constitution.
The board of Elders and Deacons may enact continuing resolutions by a two-third (2/3) majority vote which describe the functions of various committees, new ministries, organizations, or ministry policies of this congregation, its facility use, etc.